Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the expression “a receiving power of a first signal, configured to power the first terminal and/or generate the back-scatter signal,” is indefinite as it defines a signal in terms or possible use by means of a not specified device and not in terms of the properties of the signal. It is unclear how this feature actually limits the signal and the first information which it is based on. Claims 19 and 20 contain the same issues and is also rejected for the same reasons. In claims 5 and 6, the phase “the carrier signal being configured to generate the back-scattering signal” is also unclear. It implies the “signal” generates the back-scattering signal which is not accurate.
In claim 15, the phrase “the third information is configured to control power at which the terminal device transmits a back-scattering signal” is also unclear as it describes the use of the information by a device different from the network device which executes the transmitting step. It again implies the “information” controls the power rather than the device which sent it. In claim 17, the one or more resources for transmitting the backscattering signal lacks antecedent basis. In claims 18, 19 and 20, “the first power offset parameter lacks antecedent basis. In claim 18, “the wireless communication device” lacks antecedent basis.
The following rejections would be overcome if the independent claims were amended to be consistent with the 3/6/25 amendments in EP21953185. Further, the following claims are rejected from what is best understood in view of the numerous 112 issues which exist in the claims.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 9, 15, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rodriguez US 2013/241705 A1.
Consider claim 1. Rodriguez teaches a wireless communication method and device, comprising: determining, by a first terminal, a target transmitting power at which the first terminal transmits a back-scattering signal based on first information (see fig 1, where the tag corresponds to the terminal, also see para 92 (……the tag can reflectively backscatter as reverse link signal 108 and 394…), wherein the first information comprises at least one of a receiving power of a first signal, the first signal being configured to power the first terminal and/or generate the back-scattering signal (see para 94 …the tag to be aware of receive signal power, and combined with power control information in normal command 120 (first signal) allows control of the power output of both backscatter transmitter … ; a target receiving power expected by a receiving end of the back-scattering signal (see para 352 …reverse power as desired to be seen in the reader receiver…), a first power offset parameter (see para 351…the reader then uses either no offset from forward power, or an offset known to the tag from other methods, then the tag intelligently adjusts its backscatter from this information also…; a power control command (see para 94… the tag to be aware of receive signal power, and combined with power control information in normal command 120 allows control of the power output of both backscatter transmitter…”), and a back-scattering loss (see para 351 and 394 note…pathloss…) .
Regarding claim 15, Rodriguez further teaches transmitting third information to a terminal device, wherein the third information is configured to control a power at which the terminal device transmits a back-scattering signal (see fig 1, where the reader corresponds to the network device, and para 394… If they are then informed in the activation process of the reader power, they may calculate path loss….)
Regarding claim 20. Rodriquez wireless communication device (fig 1) further shows a memory (140) and program (in the processor 140) that execute the same determining steps outlined in claims 1 and 15 above.
Regarding claim 2, Rodriquez teaches at (0351) determining, by the first terminal (measurement of the forward power), a path loss based on the receiving power of the first signal; and determining (calculating) the target transmitting power for transmitting the back-scattering signal based on the path loss.
Regarding claim 3. Rodriquez teaches determining (calculating in 0351), by the first terminal, the target transmitting power for transmitting the back-scattering signal based on the path loss (0351) and the target receiving power (whether class 3 or class 4 in 0352).
Regarding claim 4. Rodriquez (0351) teaches the target transmitting power for transmitting the back-scattering signal based on the path loss and the target receiving power comprises:
determining the target transmitting power for transmitting the back-scattering signal based on the path loss (0351), the target receiving power (whether class 3 or class 4), and the first power offset parameter (offset, no offset is the second offset parameter).
Regarding claim 5. Rodriquez (0351) teaches, wherein the first power offset parameter comprises a power offset parameter (offset or no offset) related to at least one of:
a transmitting end of a power signal (forward link power);
a transmitting end of a carrier signal (carrier in forward mode), the carrier signal being configured to generate the back-scattering signal (…use this information to control its backscatter…);
a receiving end of the back-scattering signal (reverse link power); and
a communication mode (tag information sent).
Regarding claim 6. Rodriquez teaches wherein the first power offset parameter comprises at least one of: a compensation factor for a path loss (…this allows the tag to calculate the path loss…); a power offset parameter related to a carrier signal, the carrier signal being configured to generate the back-scattering signal (…easily calculate reverse carrier power as seen at the tag, and use this information to control its backscatter…); a power offset parameter related to the back-scattering signal (offset or no offset); and a power offset parameter related to a communication mode (reverse power offset).
Regarding claim 9. Rodriquez teaches: determining, by the first terminal, a power offset parameter configured to calculate the target transmitting power of the back-scattering signal based on a transmitting end of the first signal and/or a target receiving end of the back-scattering signal (…can measure forward power, if it is told the reverse power offset from forward power, it may then easily calculate reverse carrier power as seen at the tag, and use this information to control its backscatter…).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
16. Claims 7, 8, 12-14, 16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Rodriguez US 2013/241705 A1 in view of Shao et al WO 2021031662 A1 (cited by applicant).
17. Consider claim 7. Rodriquez fails to teach the power offset parameter related to a time-domain resource of the carrier signal; or related to a frequency-domain resource of the carrier signal. However, from the same field of endeavor Shao teaches such, see discussion of fig 2 with respect to the time/frequency resource for location of the Tag device). It would have been obvious before the effective date, to add the carrier conditions taught by Shao to that of Rodriquez adding detailed location of a wireless device to the system.
18. Regarding claim 8. Shau et al teaches wherein the power offset parameter is related to a modulation mode of the back-scattering signal (… the modulation mode from the tag device to the receiver device, there are different modulation formats according to different tag capabilities. The supported modulation formats include amplitude shift keying (ASK), frequency shift keying (FSK), phase shift keying (PSK), etc….).
19. Regarding claims 12-14, Rodriguez fails to teach a second terminal transmitting a control command and back-scattering signal. However, from the same field of endeavor Shao et al teaches such (see fig 8, S803.. the first device sends the excitation signal to the Tag device according to the transmit power of the excitation signal. The Tag device receives the excitation signal and modulates the information to be transmitted onto the excitation signal for transmission, so that the second device can demodulate and obtain the information., S804 … the tag device sends the capability of the tag device to the second device, and the second device receives the capability of the tag device sent by the tag device …and S805 … the second device sends the capability of the tag device to the first device, and the first device receives the capability of the tag device sent by the second device, and then determines the power offset value according to the capability of the tag device.). It would have been obvious to substitute functional wireless terminals for the reader taught by Rodriguez making the system current.
20. The network device of claims 16 and 18-19 are rejected reasons as claims 12-14 since they include the elements that perform the claimed steps.
21. Claims 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Rodriguez US 2013/241705 A1 in view of Zhang US 20230199670 A1.
22. Regarding claims 10 and 17, Rodrigues fails to teach a plurality of target receiving powers. However, such is well known in the art as taught by Zhang (see different NB nodes in figure 1). It would have been obvious, before the effective date to add multiple backscattering power options into Rodrigues thus adding more flexibility to the system.
23. Claim 11 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art fails to teach or make obvious determining, by the first terminal, a target receiving power configured to calculate the target transmitting power from a plurality of target receiving powers based on the receiving power of the first signal comprises: determining a maximum one of the plurality of target receiving powers as the target receiving power configured to calculate the target transmitting power, in response to transmitting powers of the back-scattering signal determined based on the plurality of target receiving powers are less than the receiving power of the first signal.
24. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lopez et al US 2020/0313939 A1 teaches a system comprises a network node, a wireless device, and a receiving device. The network node is arranged to support the wireless device. The wireless device is arranged for passive or semi-passive radio transmissions. The network node is arranged to provide a radio frequency, RF, signal towards the wireless device. The RF signal comprises a first part and a second part. The first part is configured for being purely retransmitted by backscattering by the wireless device. The second part is configured for backscattering keying by the wireless device to convey data from the wireless device to the receiving device.
Shao CN 112399542A teaches a backscatter communication system is a system that communicates with the aid of ambient energy. The backscatter communication system includes: sending device (helper) sending a certain frequency of electromagnetic wave, providing energy to the reverse communication device (backscatter device).
Xu et al CN 111447662 A teaches a wireless power supply reverse scattering network energy efficiency optimizing method, belonging to the reverse scattering communication technology field, comprising constructing wireless power supply reverse scattering network resource allocation model based on orthogonal frequency division multiple access technology.
Chemishkian US 9754139 B2 teaches a system comprises: an RF-energy harvesting sensor tag operable to generate a first backscatter signal and at least one base station operable to deliver RF power to the sensor tag by emitting a first waveform comprising a plurality of subcarriers, wherein the first backscatter signal is generated by the sensor tag by modulated scattering of the first waveform as incident upon the sensor tag, and further wherein the at least one base station subsequently emits a second waveform determined at least in part by a closed-loop feedback control algorithm responsive to measurements of the first backscatter signal.
Heinzelman et al US 9232475 B2 teaches a ultra low power passive wake-up radio-based sensor includes a passive wake-up radio-based sensor node having an energy harvester and low power wake-up circuit to improve the wake-up range for passive wake-up radio sensor nodes without the need for local power. The wake-up sensor may additionally include a transmitter for providing a wake-up signal to nodes that are outside the wake-up range of a base.
Conclusion
26. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CURTIS A KUNTZ whose telephone number is (571)272-7499. The examiner can normally be reached on M-Th from 530am to 3pm and Fri from 530am to 10am.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew D Anderson, can be reached at telephone number 5712724177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CURTIS A KUNTZ/Primary examiner, Art Unit 2646